Abstract

https://ssrn.com/abstract=2893429
 


 



Comments on Tara Smith's Judicial Review in an Objective Legal System


Timothy Sandefur


Goldwater Institute

January 4, 2017


Abstract:     
These comments on Tara Smith's book "Judicial Review in An Objective Legal System" were prepared for a panel at the American Philosophical Association's Ayn Rand Society. They challenge the interaction between political values and linguistic meaning in Smith's theory, asks whether objectivity does a better job than original meaning in understanding constitutional clauses like the Commerce Clause, and asks whether there is anything wrong in regarding a judge as engaged in a creative act.

Number of Pages in PDF File: 32

Keywords: judicial review, objectivity, originalism, original meaning, original intent


Open PDF in Browser Download This Paper

Date posted: January 6, 2017 ; Last revised: January 10, 2017

Suggested Citation

Sandefur, Timothy, Comments on Tara Smith's Judicial Review in an Objective Legal System (January 4, 2017). Available at SSRN: https://ssrn.com/abstract=2893429

Contact Information

Timothy Sandefur (Contact Author)
Goldwater Institute ( email )
500 E. Coronado Rd.
Phoenix, AZ 85004
United States
(602) 462-5000 (Phone)
(602) 256-7045 (Fax)
HOME PAGE: http://www.goldwaterinstitute.org
Feedback to SSRN


Paper statistics
Abstract Views: 75
Downloads: 40